NO: R068 COUNCIL DATE: April 3, 2017

REGULAR COUNCIL

TO: Mayor & Council DATE: March 28, 2017

FROM: City Manager FILE: 0340-05

General Manager, Human Resources

SUBJECT: Amendments to Human Rights Policy and Respectful Workplace Policy

RECOMMENDATION

The City Manager and the General Manager, Human Resources recommend that Council:

receive this report as information;

approve amendments to the City of Surreys Human Rights Policy as documented in
Appendix I; and
approve amendments to the City of Surreys Respectful Workplace Policy as documented
in Appendix II.

INTENT

Staff is seeking Councils approval of amendments to the Citys Human Rights Policy and its
Respectful Workplace Policy to reflect legislative changes, City values and enhanced
administrative practices. These changes sustain Council and staffs commitment to providing a
workplace and service environment where all staff and all residents, contractors and volunteers
are welcome.

BACKGROUND

The original Human Rights Policy and Respectful Workplace Policy (the Policies) were approved
by the Council on May 8, 2006. The Policies were subsequently updated on June 26, 2006 and
January 28, 2008, to clarify language and to ensure the objectives of the Policies were being met.

DISCUSSION

Since the implementation of the Policies, employees have been informed of the Policies, have
accepted the terms of the Policies in their offers of employment, have been periodically trained in
the Policies, and continue to work together to sustain a welcoming and supportive workplace and
service environment.

The Policies have been used by the public, employees, managers and the Unions to facilitate
resolutions of specific workplace and/or service concerns. The Policies provide an important
administrative structure and definitions of the Citys commitment to inclusion to ensure the City
is meeting both its legal and moral responsibilities. The Policies are used to both informally and
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formally address the misunderstandings that occur from time to time in any large workplace and
complex service environment. The Policies are effective in achieving their purposes and are part
of the Citys workplace culture.

Three key objectives are driving the modest amendments being proposed to the Policies as
defined in Appendices I and II of this report:

Legal Compliance Human Rights in 2016, the Province of British Columbia added
gender identity or expression to the defined protected classes under the BC Human
Rights Code. For the City, this language impacts on employment, employment
advertising, and the provisions of accommodation, services or facilities customarily
available to the public.

For clarification, Gender Expression is how a person presents their gender. This can
include behaviour and appearance, including dress, hair, make-up, body language and
voice. It can also include usage of names and pronouns, such as he, she or they. How a
person presents their gender may not necessarily reflect their gender identity. Gender
Identity is a persons sense of themselves as male, female, both, in between or neither. It
includes people who identify as transgender. Gender identity may be different or the
same as the sex a person is assigned at birth.

Legal Compliance Respectful Workplace in 2013, WorkSafeBC added protection for

bullying and harassment. At that time, the City clarified the administrative practices
associated with its Respectful Workplace Policy to align with the WorkSafeBC standards.
With the proposed Policy amendments, the City is formalizing these WorkSafeBC
standards in the Appendix 2 of the Policy.

Incorporation of City of Surrey Values (Values) in June 2008, the Values of

teamwork, service, integrity, innovation and community (Appendix III) were formalized.
These Values play a foundational role in the administration of the Policies. Given the
other required changes, it is an appropriate time to formally add the Values into the
Policies.

Legal Services has reviewed this Corporate Report and does not have any concerns.

SUSTAINABILITY CONSIDERATIONS

These amendments to the Policies are in alignment with the Sustainability Charters inclusion
goal of a caring community that encourages a sense of belonging and access to opportunity for all
Surrey residents to realize their full potential.

The amendments also support the Charters Corporate Sustainability Objectives, including:

CSO 5: Promote staff development and corporate structures that support the physical and
emotional health and well-being of individuals and contribute to a healthy and productive
work environment; and
CSO 6: Celebrate the cultural diversity of Surreys workforce, and work to educate all staff
on the backgrounds and needs of diverse cultural groups.
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CONCLUSION

The proposed amendments to each of the Polices strengthen the Citys commitment to sustaining
an inclusive workplace and an inclusive service environment, where everyone is welcome and is
successful.

The City Manager and the General Manager, Human Resources recommend that Council:

receive this report as information;

approve amendments to the City of Surreys Human Rights Policy as documented in
Appendix I; and
approve amendments to the City of Surreys Respectful Workplace Policy as documented
in Appendix II.

Nicola Webb Vincent Lalonde, P. Eng.

General Manager, Human Resources City Manager

Appendix I Human Rights Policy

Appendix II Respectful Workplace Policy
Appendix III City Values
 Appendix I
HUMAN RIGHTS POLICY REVISED: MARCH ___, 2017

SECTION 1 ACCOUNTABILITY

1.1 The City of Surrey is committed to providing an environment which is free from any
form of Discrimination based on any of the prohibited grounds of discrimination under
the B.C. Human Rights Code. In alignment with its values of integrity, innovation,
service, teamwork and community, the City is responsible to provide an environment that
is supportive of the dignity and self-esteem of all.

1.2 This Policy reflects the City's responsibility under the B.C. Human Rights Code to
prevent Discrimination in the Workplace.

1.3 The City of Surrey is committed to providing education and training to all Employees and
Elected Officials about the Policy, and ensuring that procedures for complaint
investigation and resolution are implemented and followed.

1.4 All individuals are accountable for supporting an environment that is free from
Discrimination for Employees, Customers, Visitors, Contractors, Volunteers, and Elected
Officials.

1.5 Management Employees and Supervisors have additional accountability for ensuring a
working environment where Discrimination and Harassment are not tolerated.

1.6 The City of Surrey communicates the commitment set out in this Policy.

SECTION 2 PURPOSES

The Purposes of the Human Rights Policy are:

2.1 To formalize the responsibility and commitment of the City of Surrey to ensure that all
Employees, Elected Officials, Volunteers, Customers, Contractors and Visitors enjoy a
workplace and service environment that is free from Discrimination or Harassment, as
defined by the Policy.

2.2 To establish that the City of Surrey promotes a work and service environment for
Employees, Elected Officials, Volunteers, Customers, Contractors and Visitors free from
Discrimination and Harassment.

2.3 To ensure that all Employees, Elected Officials and Volunteers understand what is meant
by an environment that is supportive of the dignity and self-esteem for all and free from
Discrimination or Harassment, and know their responsibilities to ensure that such an
environment is provided and sustained at the City of Surrey. Under this Policy, it is
understood that employees who witness Discrimination or Harassment in the Workplace
should report it.

2.4 To provide appropriate processes and procedures to deal with complaints in an effective
and timely manner and remedy situations when a violation of the Policy occurs.

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2.5 Nothing in this Policy should be construed as depriving Union Employees covered under
the collective agreement(s) of CUPE Local 402, CUPE Local 402-02 and IAFF Local
1271 of their rights under those collective agreement(s). This Policy works in
conjunction with any language on Discrimination or Harassment contained in the
collective agreement(s).

SECTION 3 - DEFINITIONS OF DISCRIMINATION AND HARRASSMENT

3.1 Discrimination refers to adverse differential treatment of individuals or groups that is

related to a prohibited ground of discrimination under the B.C. Human Rights Code. It
may be intentional or unintentional and often stems from prejudice and/or stereotypes of
others. It can result in one individual or group having an advantage over another
individual or group. Discrimination can cause an individual or group to be excluded
from activities that they have the right to be included in.

3.2 The prohibited grounds of Discrimination as set out in the B.C. Human Rights Code are
race, colour, ancestry, place of origin, political belief, religion, marital status, family
status, physical or mental disability, sex, gender identity or expression, sexual orientation,
age and conviction of a criminal or summary conviction offence that is unrelated to
employment or intended employment. Discrimination as defined by this Policy is
specific to conduct which is prohibited by the B.C. Human Rights Code. Other types of
conflict which do not fall within the definition of Discrimination are provided for in other
City of Surrey policies. Harassment is a type of Discrimination. Harassment is defined
as:

Unwelcome conduct, or conduct that is of such a nature that it would be

reasonable to assume that it is unwelcome;

That is based on or related to one of the prohibited grounds set out in Section 3.1
of this Policy; and

That detrimentally affects the work environment or how accommodation, services

or facilities are provided or leads to adverse job-related consequences for the
victim.

3.3 Sexual Harassment is a type of Discrimination on the prohibited ground of sex.

3.4 Examples of Harassment include but are not limited to:

Remarks, jokes, innuendos or other comments or gestures regarding someones

body, appearance, physical or sexual characteristics or clothing;

Display, distribution or storage of offensive or derogatory pictures, cartoons or

other material (including material on computers, social media or e-mail);

Unwelcome questions or sharing of information regarding a persons sexuality or

sexual activity, religious activities or disability status;

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Sexual solicitation or advance that is unwelcome;

Unwanted physical touching; and

Favouring, or appearing to other employees to be favouring, a subordinate

employee in exchange for sexual favours.

3.5 Harassment does not include legitimate job related actions performed in good faith by
Supervisors and Management Employees such as work direction or assignment,
performance appraisal, attendance monitoring and implementation of disciplinary or
other corrective actions.

3.6 Retaliation for reporting or bringing forward a complaint of Discrimination or

Harassment, or participating in the investigation of a complaint, in good faith, under this
Policy is prohibited by this Policy. A separate complaint of Discrimination or
Harassment can be made if an individual has been the subject of retaliatory behaviour for
reporting or bringing forward a complaint of Discrimination or Harassment or
participating in the investigation of a complaint. Retaliation may include, but is not
limited to, penalizing an individual or subjecting them to adverse job consequences.

SECTION 4 APPLICATION OF POLICY

4.1 This Policy applies to all Employees, Elected Officials, Volunteers, Customers,
Contractors and Visitors and covers conduct occurring where activities related to the
enterprise of the City of Surrey or the Surrey Libraries occur including:

At any facilities owned and/or operated by the City of Surrey;

At City-related social functions;

At work-related conferences or training sessions; and

During work-related travel.

SECTION 5 - CONFIDENTIALITY

5.1 All processes under this Policy are conducted confidentially. This means that no one
who is in any way involved with any process under this Policy, including Complainants
and Respondents, is to disclose any information to anyone except as required for the
conduct of Informal Complaint Resolution Processes under Section 7 or Formal
Complaint Resolution Processes under Section 8 or for the purpose of making a decision
respecting a complaint or as required by law.

5.2 The Freedom of Information and Protection of Privacy Act governs rights to privacy and
access to information with respect to any complaint.

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5.3 If any individual knowingly discloses confidential information collected under this Policy
contrary to the Policy and without proper authorization, that individual could be subject
to disciplinary consequences up to and including termination of employment.

SECTION 6 SERIOUS MISCONDUCT

6.1 Discrimination and Harassment are serious misconduct. An Employee who is found to
be responsible for Discrimination or Harassment may be disciplined up to and including
termination of employment for cause.

6.2 A Customer, Visitor, Volunteer or Contractor who breaches this Policy may be
temporarily or permanently denied access to the City of Surreys facilities and/or
services.

6.3 In the event that an Elected Official is alleged to be in breach of this Policy, the
complaint will be referred by the City Solicitor to an independent external Investigator
who is experienced in human rights matters to investigate the matter and prepare a report.
The Investigator will be retained as the City's legal counsel. The Investigator's report will
be submitted directly to Mayor and Council. If a finding of a breach of the Policy has
been made by the Investigator, the matter will then be referred to a third party facilitator
experienced in mediating and facilitating human rights matters, who will review the
situation and make appropriate recommendations.

6.4 An allegation of Discrimination or Harassment is an extremely serious matter.

Complaints, including reports, which are investigated and determined to be false and
malicious may lead to discipline or other negative consequences for the individual who
files the complaint. A false and malicious complaint is a complaint brought forward in
bad faith and for improper reasons. A good faith complaint brought forward for proper
reasons, which is found to not have merit, is not a false and malicious complaint.

SECTION 7 INFORMAL COMPLAINT RESOLUTION PROCESS

7.1 In developing its informal complaint resolution process, the City places emphasis on
personal responsibility, the long term nature of workplace relationships, and the concept
that all individuals make mistakes. It must be understood that the City will not tolerate
Discrimination or Harassment.

7.2 If you believe that your comments or actions may have amounted to Discrimination or
Harassment, seek clarity from the other party and apologize.

7.3 If you feel you have been the subject of Discrimination or Harassment and you are
comfortable discussing the issue directly with the other person, clearly tell the person that
his/her behaviour is unwelcome and request that he/she stop immediately. If the
complaint is dealt with to your satisfaction, the issue is considered to be resolved.

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Employee Complaints:

7.4 If the complaint is not resolved, or if you feel that you are unable to talk to the person
about the behaviour, inform your immediate Supervisor about your complaint. Your
Supervisor will assist you to resolve the complaint and, if the complaint is dealt with to
your satisfaction, the issue is considered to be resolved. The Supervisor will record the
resolution in writing and provide a copy of it to the Director, Human Resources.

7.5 If you do not feel comfortable approaching your Supervisor directly, or the Supervisor is
part of the complaint, you should report your complaint to one of the following
Designated Management Employees:

General Manager, Finance;

Director, Human Resources; or

Senior Manager, Human Resources.

The City Manager may amended the Designated Management Employees from time to
time.

7.6 The Designated Management Employee will set up a confidential meeting with you to
discuss your complaint. You should be prepared to disclose all of the pertinent details
relating to the complaint in the meeting. If you have kept written notes or
documentation, these should be presented in the meeting. The Designated Management
Employee will outline the options available to you for resolution of the complaint. You
may have a shop steward, a friend or a Supervisor accompany you to the meeting or to
any other step in the process where it is appropriate.

7.7 The Designated Management Employee will assist you with the informal resolution of
the complaint. Any resolution will be recorded in writing and placed in a confidential file
kept by the Director, Human Resources.

Customer, Visitor, Contractor, Volunteer or Elected Official Complaints:

7.8 If you are a Customer, Visitor, Contractor, Volunteer or Elected Official and you believe
that you have the subject of Discrimination or Harassment, you should contact the City
Managers office to access the process for resolution of your complaint. The complaint
will be referred by the City Manager to one of the Designated Management Employees.
If the complaint is not received in written form, the City will confirm the complaint in
writing to the Complainant. Such confirmation will include a statement detailing the
specifics of the complaint. The Complainant will be provided with reasonable time to
respond to the written confirmation of the complaint, but subsequently the written
confirmation of the complaint will serve as the basis for the complaint resolution process.

7.9 With the objective of effective resolution of complaints from Customers, Visitors,
Contractors, Volunteers or Elected Officials, all such complaints will be initially
processed through an informal investigation. An informal investigation will include a
confidential meeting with a Designated Management Employee to discuss the complaint
and appropriate fact-finding actions, which will include the Complainant and the
Designated Management Employee, and the General Manager (or his/her designate) with

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accountability for the identified respondent(s). In appropriate circumstances the City

may require the Complainant and Respondent to participate in a mediation meeting with
the City Manager or other City personnel. If the Complainant declines to fully participate
in a required mediation, the City shall be under no obligation to progress to the formal
complaint phase provided for in Section 8 of this Policy.

Complaints against Designated Management Employees, Senior City Managers and

Elected Officials:

7.10 Complaints against Designated Management Employees, Senior City Managers and
Elected Officials must be directed to the City Solicitor who, in consultation with the
Director, Human Resources, will be responsible for implementing an appropriate
resolution process. (The Director, Human Resources will not be consulted by the City
Solicitor respecting any complaint brought against the Director, Human Resources.)
Complaints against the City Solicitor must be directed to the Director, Human Resources
who, in consultation with the City's external legal counsel, will be responsible for
implementing an appropriate resolution process.

SECTION 8 FORMAL COMPLAINT RESOLUTION PROCESS

8.1 If, in the Citys view, the informal complaint resolution process does not resolve the
complaint, the complaint will be referred to the Director, Human Resources, for formal
resolution through an investigation. The investigation may be handled directly by the
Director, Human Resources, or his/her designated Investigator.

8.2 The Complainant will be required to describe the incidents, identify witnesses and name
the Respondent(s). The Respondent(s) will be provided with sufficient information to be
able to respond to the allegations. The Investigator will give the parties the opportunity
to respond to the allegations and present evidence necessary in support of their positions.

8.3 The Investigator may prepare a confidential fact-finding report that, at a minimum,
describes the allegations and evidence of the parties and the witnesses, determines
whether the Policy has been violated, and may provide recommendations with respect to
potential outcome. The Investigator may provide the final report to the Director, Human
Resources or his/her designate.

8.4 Although there are no firm deadlines, the Investigator will be required to conduct the
investigation as expeditiously as possible and in the normal case would be expected to
make a determination within 60 days of being retained to conduct the investigation.

8.5 The Investigator may be an internal or external person who will have experience in the
conduct of human rights investigations. The Investigator will conduct a thorough, fair
and confidential investigation of the complaint. The Investigator will interview the
Complainant, the Respondent and any Witnesses that may have relevant information.

8.6 The City reserves the right to retain external legal counsel to conduct the investigation
and provide a privileged and confidential report to the Director, Human Resources.

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8.7 If the Complainant withdraws the complaint, the City may continue with the formal
investigation of the complaint.

8.8 Upon receipt of the confidential investigation report from the Investigator, the Director,
Human Resources, in consultation with appropriate City personnel, will determine the
appropriate corrective action.

8.9 All conduct that is found to constitute a breach of this Policy will be addressed by
attempting to remedy the harm caused and to prevent further harm. The decision of the
City of Surrey in this process is final and not subject to internal appeal.

8.10 A Union Employee retains the right to file a grievance under the Collective Labour
Agreement at any time respecting a complaint brought under this Policy.

8.11 A decision made by the City of Surrey in this process does not affect the right of an
individual to seek recourse under the B.C. Human Rights Code.

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APPENDIX I DEFINITIONS

The following terms are used in this Policy and are defined as follows:

(a) City of Surrey for the purposes of this Policy also includes the Surrey Libraries.

(b) Complainant is any individual who seeks recourse pursuant to this Policy as someone
who believes he/she has experienced Discrimination or Harassment (including sexual
harassment). The City of Surrey may also be a Complainant.

(c) Contractor includes all individuals who access the Workplace, as defined in this Policy,
for the purpose of providing services or supplies to the City of Surrey.

(d) Customer includes all individuals who access the Workplace as defined in this Policy for
the purposes of obtaining City services or information and may include residents,
taxpayers, business agents and contractors.

(e) Designated Management Employee is defined in Section 7.5 of this Policy.

(f) Discrimination is defined in Section 3.1 and Section 3.2 of this Policy.

(g) Elected Official means those individuals elected to Council and includes the Mayor and
Councillors of the City of Surrey.

(h) Employee includes any individual paid a salary or wages by the City of Surrey and may
be a Union Employee or Management Employee of the City of Surrey.

(i) Harassment is defined in Section 3.3 and Section 3.4 of this Policy.

(j) Investigator is an internal or external individual who will investigate a complaint

brought under this Policy.

(k) Management Employee means an Employee of the City of Surrey who is exempt from
Union membership for the purposes of the City of Surrey's collective agreement(s).

(l) Respondent is a person or group of persons, against whom allegation(s) of

Discrimination or Harassment have been made pursuant to the terms of this Policy.

(m) Senior City Manager includes: City Manager; Director, Human Resources; General
Manager, Finance; General Manager, Engineering; General Manager, Planning &
Development; General Manager, Parks, Recreation and Culture; General Manager,
Innovation and Intergovernmental Relations; Chief Librarian; Fire Chief; General
Manager Corporate Services, and City Solicitor. This list may be amended from time to
time by the City Manager.

(n) Supervisor means any Employee of the City of Surrey responsible for the directing and
supervision of other Employees and may include both Union Employees and
Management Employees.

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(o) Union Employee means a member of CUPE Local 402-02, CUPE Local 402 or IAFF
Local 1271.

(p) Visitor includes all individuals who access the Workplace, as defined in this Policy, who
are not Employees, Elected Officials, Volunteers, Contractors or Customers.

(q) Volunteer means a person serving the City of Surrey who is not an Employee, as defined
in this Policy, and includes those individuals serving on any board(s), commission(s) or
committee(s) established by the City of Surrey.

(r) Witness is any individual(s) determined to have pertinent information with relation to a
complaint filed under this Policy.

(s) Workplace is considered to be anywhere where activities directly related to the business
of the City of Surrey occur.

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 Appendix II
RESPECTFUL WORKPLACE POLICY REVISED: MARCH ___, 2017

SECTION 1 ACCOUNTABILITY

1.1 The City of Surrey is committed to providing an environment where Employees, Elected
Officials, Volunteers, Customers, Contractors and Visitors are treated with respect and
dignity and can contribute to a productive, inclusive and professional atmosphere.

1.2 This Policy reflects the City's commitment to ensure that all those who work at the City
of Surrey do so in a Respectful Workplace, in alignment with its values of integrity,
innovation, service, teamwork and community.

1.3 The City of Surrey is committed to providing communication, education and training to
all Employees, Volunteers and Elected Officials about the Policy, and to ensuring the
procedures for complaint investigation and resolution are implemented and followed.

1.4 All individuals are accountable for creating and sustaining a Respectful Workplace.
Management Employees and Supervisors have additional accountability for ensuring a
Respectful Workplace.

SECTION 2 PURPOSES

The Purposes of the Respectful Workplace Policy are:

2.1 To formalize the responsibility and commitment of the City of Surrey to ensure that all
Employees, Elected Officials, Volunteers, Customers, Contractors and Visitors enjoy a
workplace and service environment that is respectful.

2.2 To establish that the City of Surrey promotes a workplace and service environment for
Employees, Elected Officials, Volunteers, Customers, Contractors and Visitors that is
respectful.

2.3 To ensure that all Employees, Elected Officials and Volunteers understand what is meant
by providing a respectful workplace and service environment, and know their
responsibilities to ensure that such an environment is provided and sustained at the City
of Surrey. Under this Policy, it is understood that employees who witness disrespectful
behaviours in the workplace should report these incidents.

2.4 To provide appropriate processes and procedures to deal with complaints in an effective
and timely matter and to remedy situations when Respectful Workplace principles are not
being honoured.

2.5 Nothing in this Policy should be construed as depriving Union Employees covered under
the collective agreements of CUPE Local 402, CUPE Local 402-02 and IAFF Local 1271
of their rights under those collective agreements.

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SECTION 3 - DEFINITION OF A RESPECTFUL WORKPLACE

3.1 What is a Respectful Workplace?

A Respectful Workplace and service environment honours the entitlement of everyone to
have a respectful experience and honours the pride and dignity of each person. In a
Respectful Workplace, the principles of promoting cooperative and collaborative
behaviours, including healthy group dynamics and proactive problem solving are
honoured. A Respectful Workplace includes conduct which is respectful and inclusive of
others.

A Respectful Workplace does not include aggressive or demeaning behaviours, negative

or inappropriate communication, or bullying that is directed toward a specific person or
persons and that results in an individual feeling humiliated, lessened in his/her personal
well-being or intimidated.

Disrespectful conduct does not include legitimate job related actions performed in good
faith by supervisors and management employees, such as work direction or assignment,
performance appraisals, attendance monitoring and implementation of disciplinary and
other corrective actions.

3.2 What is disrespectful workplace behaviour?

Disrespect occurs where individuals do not honour the entitlement of everyone to be
respected in the workplace. Disrespectful workplace behaviour is distinct from
Discrimination or Harassment that are prohibited by the BC Human Rights Code; that
conduct is covered under the City of Surreys Human Rights Policy.

3.3 How to avoid dispectful workplace behaviour?

Foundational to this Policy is the concept that each person covered by this Policy
considers how he/she would like to be respected and will work with others as he/she
wishes to be respected, in alignment with the Citys values.

Getting along with others by working in a respectful, inclusive manner is required at the
City of Surrey. Each individual covered by this Policy will make every effort to work
cooperatively with other Employees, Elected Officials, Volunteers, Customers,
Contractors and Visitors. This means:

Bullying or other aggressive or demeaning behaviours towards others is not tolerated.

It is recognized that everyone is different and there are different approaches or ways
of doing things.
Self-awareness of how individual actions impact others in the workplace.
Not talking negatively, gossiping or judging others.
Including everyone in the workplace.
If an individual is not sure how his/her behaviour is impacting others in the
workplace, he/she asks for clarification.

An individual is bullying or harassing when he/she takes an action that he or she knew or
reasonably ought to have known would cause another individual to feel humiliated,
excluded or intimidated.

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3.4 The Consequences of Disrespectful Behaviours

Disrespectful behaviours may hurt the victim and others, reflect poorly on the City, and
are not in keeping with its Values.

Individuals found to be bullying, intimidating, disrespecting or otherwise tormenting

others, either physically or mentally, will be subject to discipline

SECTION 4 RESPECTFUL WORKPLACE RESOLUTION PROCEDURES

4.1 If an Employee is behaving in a way that makes you feel uncomfortable at work, or if you
are having a conflict with an Employee at work, there are steps you can take to resolve
the conflict.

4.1.1 If you are comfortable discussing the issue directly with the other Employee, you
are encouraged to do so to try to resolve the issue. If you are uncomfortable approaching
the other Employee, or if the issue is not resolved, inform your Supervisor about the
conflict.

4.1.2 The Supervisor will assist you in resolving the conflict and, if it is resolved to your
satisfaction, the issue is considered to be resolved. If the conflict is not resolved, you or
your Supervisor should refer the conflict to a Designated Management Employee, as
outlined in Section 4.1.3. If you do not feel comfortable approaching your Supervisor
directly, or if the Supervisor is part of the conflict, refer to Section 4.1.3.

4.1.3 If you are unable or uncomfortable in resolving the conflict using the steps
indicated above, you should speak to one of the following Designated Management
Employees who will assist you in resolving the conflict:

General Manager, Finance;

Director, Human Resources; or
Senior Manager, Human Resources.

These Designated Management Employees may be amended from time to time by the
City Manager.

4.1.4 If the disrespectful behaviour involves an Elected Official, a Senior City Manager,
or a conflict of interest, the Designated Management Employee in consultation with the
City Solicitor, may implement an appropriate resolution process, which may include the
appointment of an external Investigator to investigate the complaint brought under the
Policy.

4.2 If a Customer, Visitor, Contractor, Volunteer or Elected Official is behaving in a way that
makes you feel uncomfortable at work, or if you are having a conflict with a Customer,
Visitor, Contractor, Volunteer or Elected Official while at work, you should try to resolve
the issue. If you are not comfortable attempting to resolve the issue, or, if the issue is not
resolved, inform your Supervisor about the conflict. The Supervisor will assist you to

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resolve the conflict and, if it is resolved to your satisfaction, the issue is considered to be
resolved. If the conflict is not resolved, you or your Supervisor should refer the conflict
to a Designated Management Employee as outlined in Section 4.1.3.

4.3 If you see others behaving in a way that is inappropriate or disrespectful or experiencing
a Disrespectful Workplace, you should encourage them to follow the steps shown above
to assist them in resolving the conflict. If the behaviour continues, you should report it to
your supervisor.

4.4 Retaliation for speaking out, bringing a complaint or participating in the investigation of
a complaint under the Respectful Workplace Policy is prohibited by this Policy. A
separate complaint can be made if an individual has been the subject of retaliatory
behaviour for bringing a complaint. Retaliation may include, but it is not limited to,
penalizing an individual or subjecting them to adverse job consequences.

4.5 An allegation of a violation of the Respectful Workplace is an extremely serious matter.

Complaints that are investigated and determined to be false and malicious may lead to
discipline or other negative consequences for the individual who files the complaint. A
false and malicious complaint is a complaint brought forward in bad faith and for
improper reasons. A good faith complaint brought forward for proper reasons which is
found to not have merit is not a false and malicious complaint.

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APPENDIX I DEFINITIONS

The following terms are used in this Policy and are defined as follows:

(a) City of Surrey for the purposes of this Policy also includes the Surrey Libraries.

(b) Complainant is any individual who seeks recourse pursuant to this Policy as someone
who believes he/she has experienced disrespect in the Workplace. The City of Surrey
may also be a Complainant.

(c) Contractor includes all individuals who access the Workplace, as defined in this Policy,
for the purpose of providing services or supplies to the City of Surrey.

(d) Customer includes all individuals who access the Workplace as defined in this Policy for
the purposes of obtaining City services or information and may include residents,
taxpayers, business agents and contractors.

(e) Designated Management Employee is defined in Section 4.1.3.

(f) Elected Official means those individuals elected to Council and includes the Mayor and
Councillors of the City of Surrey.

(g) Employee includes any individual paid a salary or wages by the City of Surrey and may
be a Union Employee or Management Employee of the City of Surrey.

(h) Investigator is an internal or external individual who will investigate a complaint

brought under this Policy.

(i) Management Employee means an Employee of the City of Surrey who is exempt from
Union membership for the purposes of the City of Surreys collective agreement(s).

(j) Respectful Workplace is defined in Section 3.1.

(k) Respondent is a person or group of persons, against whom allegation(s) of disrespectful

behaviours have been made pursuant to the terms of this Policy.

(l) Senior City Manager includes, City Manager, Director Human Resources, General
Manager Finance, General Manager Corporate Services, General Manager Engineering,
General Manager Planning and Development; General Manager Parks, Recreation and
Culture, Chief Librarian, the Fire Chief, City Solicitor, General Manager, Investment and
Intergovernmental Relations, and such Senior City Managers as may be added by the
City Manager from time to time.

(m) Supervisor means any Employee of the City of Surrey responsible for the directing and
supervision of other Employees and may include both Union and Management
Employees.

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(n) Union Employee means a member of CUPE Local 402-02, CUPE Local 402 or IAFF
Local 1271.

(o) Visitor includes all individuals who access the Workplace, as defined in this Policy, who
are not Employees, Elected Officials, Volunteers, Contractors or Customers.

(p) Volunteer means a person serving the City of Surrey who is not an Employee, as defined
in this Policy, and includes those individuals serving on any board(s), commission(s) or
committee(s) established by the City of Surrey.

(q) Witness is any individual(s) determined to have pertinent information with relation to a
complaint filed under this Policy.

(r) Workplace is considered to be anywhere where activities directly related to the business
of the City of Surrey occur.

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Appendix 2 - RESPECTFUL WORKPLACE POLICY: FORMAL INVESTIGATION

PROCEDURES

1. How investigations are conducted:

Most formal Respectful Workplace investigations are conducted internally by a Designated
Management Employee. In certain situations, the City may choose to engage an external
Investigator.

The City will make reasonable efforts to ensure that investigations are:
undertaken promptly and diligently and are as thorough as necessary given the
circumstances;
fair and impartial, providing both the complainant and respondent equal treatment in
evaluating the allegations;
sensitive to the interests of all parties involved, and conducted with appropriate
confidentiality; and
focused on finding facts and evidence.

2. What is included:
The Complainant will be required to provide a statement (written or oral) to the Designated
Management Employee, including a description of the allegations, names, dates, locations,
witnesses, incidents, and any other relevant information.

Investigations may include interviews with the Complainant, the Respondent, and Witnesses.
The Respondent will be made aware of the Complainants identity and will have an
opportunity to respond to all allegations made.

Investigation and related meetings include the Designated Management Employee,

Management, as well as Human Resources Department and Union representatives when
appropriate.

The Designated Management Employee or Investigator may require the production of, and
review, relevant evidence such as emails, handwritten notes, photographs and employment
records.

3. Follow-up:
The Complainant is advised of whether his/her complaint is deemed to be founded or
unfounded.

The Respondent is advised of whether the complaint is deemed to be founded or

unfounded.

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Witnesses are not advised of the investigation findings.

In appropriate circumstances, the City may provide the Complainant, Respondent, or other,
additional information relating to the investigation and its conclusions.

Participants in an investigation are required to maintain strict confidentiality with respect to

meetings, discussions and outcomes related to the investigation process. Failure to do so may
result in discipline.

4. Record-keeping requirements:
Human Resources keeps investigation records in accordance with applicable legislation.

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 APPENDIX "III"

City of Surrey Values

An Innovative Team Serving the Community with Integrity.

The City of Surreys values serve to guide how we do our work

and are fundamental to the relationships we have with each
other and with those we serve.

Community
We care about and contribute to the broader well-being of
the community; we strive to make Surrey a great place for
our citizens to live, work, invest, recreate and raise a family.

Innovation
We welcome change; we actively look for leading edge
initiatives and welcome new approaches and original thinking;
we are committed to continuous improvement; we recognize
all experiences as important learning opportunities.

Integrity
We are honest; we are accountable for our decisions; we meet
our commitments; we are forthright in our communications; we
understand and comply with all laws, regulations and policies.

Service
Customers are important to us; we want to help our customers;
we seek to understand our customers needs and actively work
to achieve responsive, balanced solutions.

Teamwork
We support each other; we trust each other; we respect each
other; we take a Citywide view of the challenges we face; we
value everyones ideas.
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